The 75th Anniversary of the Nazi-Soviet Pact

Today is the 75th anniversary of the Nazi-Soviet Pact, a treaty that probably led to more deaths and atrocities than any other international agreement in the history of the world. In today's Germany, virtually no one in the political mainstream defends the agreement. Not so in Vladimir Putin's Russia.

Elitist and populist versions of originalism

Some theories of originalism privilege elite understandings of the Constitution, while others emphasize those of ordinary people. There are serious arguments for both elitist and populist versions of originalism. Sometimes, the two approaches yield very different interpetations of the Constitution.

Libertarianism, federalism, and Ferguson

Washington Post-affilated blogger Paul Waldman claims that police abuses in Ferguson demonstrate the need for more federal and state intervention to curb local government abuses. The local government does indeed deserve blame. But Waldman is wrong to minimize the federal role in exacerbating police abuses, and also in concluding that increased federal and state control is a good general solution for local misgovernment.

David Upham on originalism and laws banning interracial marriage

David Upham's new paper is an important addition to the longstanding debate over whether laws banning interracial marriage are compatible with the original meaning of the Fourteenth Amendment. This issue is important both for its own sake, and because it has long been a point of contention in the broader debate over originalism.

Libertarians have been anything but silent about police abuses in Ferguson, Missouri [Updated with link to op ed on Ferguson by Sen. Rand Paul]

Washington Post-affiliated blogger Paul Waldman denounces libertarians for supposedly ignoring police abuses in Ferguson, MO. But in reality, libertarians have been anything but silent about both Ferguson and overaggressive police tactics more generally. They have also long been the most consistent opponents of the War on Drugs, which is a leading cause of unjustified police violence.